4.17.106    APPLICATION FEES AND FEES FOR SERVICES

(1) Application fees for producers are as follows:

(a) a new applicant will receive a $100 credit to be applied to the first-year fees;

(b) the application fee for an operation with gross annual organic sales from $0 to $20,000.99 is $600;

(c) the application fee for an operation with gross annual organic sales from $20,001 to $40,000.99 is $700;

(d) the application fee for an operation with gross annual organic sales from $40,001 to $100,000.99 is $800;

(e) the application fee for an operation with gross annual organic sales from $100,001 to $250,000.99 is $900;

(f) the application fee for an operation with gross annual organic sales from $250,001 to $500,000.99 is $1,000;

(g) the application fee for an operation with gross annual organic sales from $500,001 to $1,000,000.99 is $1,250;

(h) the application fee for an operation with gross annual organic sales at or above $1,000,001 is $1,500; and

(i) an additional fee is $100 for combined livestock and crop operations.

(2) Application fees for handlers are as follows:

(a) a new applicant will receive a $100 credit to be applied to the first-year fees;

(b) the application fee for an operation with gross annual organic sales from $0 to $20,000.99 is $600;

(c) the application fee for an operation with gross annual organic sales from $20,001 to $40,000.99 is $700;

(d) the application fee for an operation with gross annual organic sales from $40,001 to $100,000.99 is $800;

(e) the application fee for an operation with gross annual organic sales from $100,001 to $250,000.99 is $900;

(f) the application fee for an operation with gross annual organic sales from $250,001 to $500,000.99 is $1,000;

(g) the application fee for an operation with gross annual organic sales from $500,001 to $1,000,000.99 is $1,250;

(h) the application fee for an operation with gross annual organic sales at or above $1,000,001 is $1,500; and

(i) if an operation is certified as a producer, or is applying for certification as a producer, the operation may subtract $115 from the base application fee for handler certification.

(3) Each applicant for certification will be inspected initially and yearly thereafter, in compliance with 7 CFR 205.403, to assess compliance with certification standards. Fees will be charged to the applicant in amounts sufficient to cover costs of the inspection.

(a) The inspection charge will be $35 to $75 per hour for time incurred in the inspection and writing the report. The exact hourly rate will be set each year based on actual cost to the department. The department will also charge per diem and mileage at standard state rates, plus a 10% administrative charge.

(4) The label and product profile review fee is $35 for each new or revised label.

(5) Failure to pay application, inspection, or other fees due within the required time will be cause for denying, suspending, or revoking certification.

(6) All application fees and fees for services are nonrefundable upon receipt.

(7) Applications submitted after the deadline must include an additional late fee of $200. On the first of every month after the first month, an additional $100 will be added to the late fee.

(8) Inspection fees are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require past due payment of fees prior to providing certification services.

(9) A surcharge of up to $1,000 may be charged for expedited services depending on the speed, time of the year, and resources required. The department may set pricing standards within department policy.

History: 80-11-601, MCA; IMP, 80-11-601, MCA; NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2005 MAR p. 161, Eff. 1/28/05; AMD, 2007 MAR p. 1313, Eff. 9/7/07; AMD, 2010 MAR p. 2573, Eff. 12/31/10; AMD, 2012 MAR p. 496, Eff. 3/9/12; AMD, 2015 MAR p. 1041, Eff. 7/31/15.